Three Indian tribes, although they are not Federally-recognized, have raised concerns regarding impacts to a sacred site and other traditional cultural properties (Criterion 4).

Recent Developments

In an unanticipated decision, on June 4, 1999, the U.S. Army Corps of Engineers denied the City of Newport News’ request for a permit to construct the King William reservoir. In its decision to deny issuance of the permit, the Corps cited unacceptably adverse impacts to wetlands and traditional cultural properties of the Mattaponi, Pamunkey, and Upper Mattaponi tribes. These impacts led the Corps to determine that the project “has the potential to result in disproportionately high and adverse environmental effects” on the tribes, and that permitting the reservoir would thus run counter to Administration policy on environmental justice. The Council is now waiting to hear from the Corps about what steps, if any, the City now plans to take concerning its permit application.

Background

More than a year ago, the City of Newport News applied to the Corps of Engineers for a permit to construct the King William reservoir in central Virginia, east of Richmond. The proposed reservoir, planned to ensure an ample supply of drinking water for the Tidewater area into the next millennium, would lie between the reservations of two State-recognized Indian tribes, the Pamunkey and the Mattaponi.These two tribes and the Upper Mattaponi tribe, also recognized by the State but with no reservation lands, have raised concerns regarding the project's impact to their hunting, gathering, and religious practices, subsistence fisheries, and their traditional way of life. A sacred site would be affected, and 72 National Register-eligible prehistoric archeological sites would be inundated.

Under Section 106, the Council has been consulting with the Corps, the Virginia State Historic Preservation Officer, the permit applicant, tribal representatives, and the Environmental Justice Unit of the Environmental Protection Agency (which has been monitoring the consultation process to ensure that the reservoir's impacts to the tribal communities are fully considered).

Policy Highlights

This case is an interesting example of how effects to Native American traditional cultural properties that are evaluated under Section 106 must also be considered within the context of ensuring environmental justice. The Corps' decision to deny the requested permit on environmental justice grounds, largely based on cultural resource issues, is indicative of the growing seriousness with which Federal agencies are addressing these issues.